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HomeMy WebLinkAbout06/19/2001, 2 - PROPOSED CHANGES TO TREE ORDINANCE councilMeetin`°"6-4-oi agenda RepoRt It.Nu CITY OF SAN LUIS 0 B I S P 0 FROM: Mike McCluskey,Public Works Director Prepared By: Todd Martin,City Arborist SUBJECT: Proposed changes to Tree Ordinance CAO RECOMMENDATION Introduce an ordinance amending Section 12.24 Tree Regulations of the San Luis Obispo Municipal Code. REPORT IN BREIF Both staff and the Tree C<,nmittee have felt that, for some time now, the existing provisions of the • r City's Municipal Code, were in some cases outdated and in other cases in need of minor revisions. The Tree Ordinance has gone virtually unchanged since 1977. During the first quarter of 2001 the Tree Committee held three meetings to discuss changes to the Tree Ordinance. These changes were driven by the concerns of citizens, Tree Committee members, and city staff. As a result of those meetings several changes are being recommended and supported jointly by staff and the Tree Committee. In essence, the underlying purpose of the changes proposed is to:. a) further protect trees within the city; b) provide a greater level of respect for individual property rights; and c)reduce liability of the City. DISCUSSION As discussed above, staff and the Tree Committee decided that the time was right for a thorough review of the Tree Regulations within the City of San Luis Obispo Municipal Code. After significant work and review the changes discussed below comprise those that both staff and the committee felt would most enhance the Tree Ordinance. The word staff is used below to represent both city staff and the tree committee. The existing ordinance language is shown in italics; deletions are shown by cross-outs and new language is shown in bold and underlined. Each proposed change is discussed below. 12.24.03OG—Definitions "Street tree" means any tree within the pkafing mea-.city right of way. "Street trees" are defined as any tree growing within the planting area, which includes the public right-of-way and five feet beyond-and also designated tree easements. The current ordinance requires the city to maintain all street trees to ensure healthy and attractive growth. As a result,staff is required to enter onto private property to perform tree maintenance. 2 -1 Council Agenda Report-Tree Ordinance Revisions Page 2 There are two primary concerns with this definition, as it exists. First, given the current City staffing level,which consists of two full-time trimmers and two part-time employees, staff is unable to provide this level of maintenance due to the sheer numbers of trees involved. Even by supplementing city staff with contract services we cannot provide this level of service and still maintain an acceptable four-year pruning cycle. In order to maintain the trees located outside the public right-of-way, but within the "planting area", the current pruning cycle would have to be extended by as much as 3 to 4 years. This would result in a noticeable decline in the appearance of the city's urban forest located within the `'planting area . This would also increase the need for property owners to provide interim maintenance on right-of-way trees in order to maintain them in a "safe manner" as described in Section 12.24.110 which states that; "Property owners shall maintain all trees, shrubs and other plant growth on their property or adjacent to their property and within the public right-of-way". Due to Section 12.24.110 and the City's inability to maintain all trees in its right-of-way and all private trees within five feet of the right-of-way, staff has for that last 9 years concentrated on just public right-of-way trees. Prior to that time,a massive capital improvement project was undertaken that used city funds to prune both sets of trees. An alternative to maintaining only those trees in the public right-of-way in order to preserve the current pruning cycle would be to increase staff or the contract services budget which would enable the city to maintain the additional trees while still keeping the pruning cycle at an acceptable interval. Secondly, by accepting responsibility for maintaining trees on private property, the city also takes on the liability-associated with these trees. it is likely that the city would experience an increase in property damage claims by accepting responsibility for trees on private property. 12.24.060—Tree Planting Plans The tree committee, with the assistance of the public works and community development departments, shall recommend a tree planting plan and a street tree planting plan to be adopted by resolution of the city council and maintained on file in the office of the city clerk. These documents shall set forth the species of trees to be planted and shall encourage species diversity throughout indifferent areas of the city and shall include a schedule for street tree planting to hasten establishment of the urban forest. Staff is recommending amending this section to include language that encourages species diversity along streets in order to lessen the impacts of a single disease or pest problem by limiting the number of any particular `-`host" tree in a given area thereby helping to ensure that a significant number of trees would survive any unforeseen pest or disease problems. The intent is to avoid problems such as those that have occurred in communities such as Los Osos, Carmel, Monterey, etc, due to pine pitch canker. 12.24.120-Street Tree Maintenance The city will maintain all street trees in the downtown commercial area and on major streets. In all other areas of the city, street tree maintenance will be the responsibility of the adjacent z -z Council Agenda Report—Tree Ordinance Revisions Page 3 property owners, except that the city will prune and spray street trees in these other areas to ensure healthy and attractive growth. Trees will be pruned based on a pre-determined schedule approved by the Public Works.Director. Owners may wait for scheduled maintenance or may have their street trees pruned by an International Society of Aboriculture certified arborist at their own expense with written approval by the City Arborist. The city's responsibility to prune street trees shall not relieve property owners of their responsibility to prevent hazards as required in Section 12.24.110. In 1999 the Public Work's Department maintenance staff adopted a maintenance plan based upon the adopted 1998 Pavement Management Plan. The plan breaks the city down into 9 sub-areas of roughly, equal size. . Preventative maintenance will be performed in these areas based on a pre- determined schedule approved by the Director. Any work requests outside the scheduled area will be at the discretion of the Director. This new maintenance plan will allow for more efficient use of the tree crew by creating a "pro-active" approach to maintenance. This will also allow staff to respond to citizen requests with more accurate information regarding scheduling of tree pruning in their neighborhood. The schedule was informally adopted three years ago and has proven effective in both reducing citizen complaints and improving the overall condition of our urban forest by assuring that no area of the city is overlooked and that pruning cycles are maintained at an acceptable interval. On major difference between the rotational tree maintenance program and the street maintenance program is that trees should receive pruning every four years while asphalt is rotated on an eight year basis. However, this works out very well since two pavement areas per year receive pruning. 12.24.130 A—Protection of Trees A. No person shall trim,prune or cut any street tree unless such work conforms to elefty 1&4- Feguladons and this chapter and is performed.in accordance with.all International Society of Aboriculture standards. In_no case shall-more than 113 of the tree canopy be removed. In order to better define ISA Regulations as they pertain to pruning, staff recommends adding language that is more specific in describing what is acceptable as far as pruning for crown reduction. The intent is to curtail practices such as topping, pollarding and other similar trimming practices that are known to injure trees. 12.24.130 G—Protection of Trees Any person deemed responsible for damaging a treeor removing a tree without a permit as described in this chapter shall be liable for civil damages to the city in an amount equal to th in the amount adopted,_ by resolution, by the City Council or for the value of the tree as determined by methods established by the International Society of Arboriculture, whichever is greater as determined by the City Arborist. Currently the penalty for removing any tree protected by the Tree Ordinance is a fine equivalent to the cash value of the tree as established by the International Society of Arboriculture. The City �z-3 Council Agenda Report—Tree Ordinance Revisions Page 4 Arborist uses three factors to arrive at this value; tree species, tree location, and tree condition at time of removal. While the first two factors are usually easy to determine, the third factor, "condition" is not. Often times the City is made aware of an illegal tree removal after the fact and has no way of determining the condition of the tree removed. The individual responsible for the removal will often site poor health, weak structure or other"hazardous"conditions as the reason for removing the tree and it is often impossible to prove or disprove these claims. In other cases, trees are removed simply due to the fact that an individual is unaware of the Tree Ordinance. Regardless of the motivation behind an illegal tree removal in San Luis Obispo, the fact that important information such as "tree condition"is unavailable leaves city staff unable to apply I.S.A. standards in determining tree value. As a result, staff recommends adopting, by resolution, a flat rate fine of$250.00 per occurrence. Staff believes this fine will serve as a deterrent to,illegal tree removals where no permit has been issued but would be required per the Municipal Code. Staff also feels that since proposed revisions to section 12.24.180 will reduce the number of trees protected by the tree ordinance, this fine will further protect those trees that fall within the scope of this ordinance and will allow another avenue for the city to recoup losses when the current assessment structure (I.S.A. value) is determined to be unenforceable due to reasons previously stated. When I.S.A. values can be accurately determined, the fine will be the I.S.A. established value assessed against the property owner. 12.24.140 C—Tree Maintenance by Public Utilities When public utilitypruning affects ten percent or more of a street tree's natural,canopy, or when there are energized utility lines closer than ten feet from a street tree's main trunk or trunks, the public utility shall provide complete pruning of the entire tree. Staff is recommending that the city not accept responsibility for any costs associated with the proper pruning of trees for utility line clearance. Problems abound with the old language: a) there was no direction for the share amount of each agency; b) there was no cost control provided to assure that public funds were being spent wisely; c) the city was forced to pay for tree trimming services that had little or no quality control; and d) there was no way to anticipate and budget for the expenses. These problems simply led to the city refusing to pay for such work and the utility companies quit asking for payment a number of years ago. Since the nexus for trimming of the trees is not their good health and well being but only the benefit of the utility,the utility should be responsible for the entire cost. 12.24.150C-Responsibilities for repairing tree damage to curbs,gutters and sidewalks.. C. , expense, Council Agenda Report—Tree Ordinance Revisions Page 5 , C. When designing new sidewalks, curbs or driveway approaches the city shall seek alternative options to preserve desirable trees. When trees must be removed it shall be the responsibility of the City to remove any trees. Any trees so removed shall be replaced at the city's expense with acceptable trees from the master tree list. When a property owner designs a new sidewalk,curb or driveway approach,the property owner shall seek alternative options to preserve desirable trees. When trees must be removed it shall be at the expense of the Property owner. Any trees so removed shall be replaced by the property owner with acceptable trees from the master tree list. The current city policy, that has evolved over many years, makes the City responsible for the removal of any trees located in the path of a new sidewalk when part of a City project. These expenses are either included in the project budget or resources from the tree maintenance staff are employed. For private development projects,replacement trees are installed at the property owner or developer's expense. The proposed changes will make the ordinance consistent with current practices. 12.24.180 C.2.b-Tree Removal b. When the tree is a native and the trunk is oyer twelve inches or greater in diameter at a height of four and one-half feet from the ground and is visible from any public space or a non-native with a trunk diameter of 24" or greater. The.Tree Committee has long been concerned over the permit process as it pertains to backyard trees. The Tree Committee believes the tree ordinance is too restrictive by requiring a removal permit for any backyard tree with a diameter of 12" (at the standard diameter breast height(dbh) of 4.5' from the ground)or more that is visible from a public area(street). Staff is proposing changing this section to require a removal permit for backyard trees only if the tree is native and 12"dbh and visible from a public space or 24"dbh if a tree is non-native. 12.24.180 C.2.e—Tree Removal e.When the tree-is located in the planting area. Section 12.24.130 C prohibits removal of any tree located in the "planting area" except with permits; however, this area is not addressed in Section 12.24.180, which describes the permit process. Staff recommends adding a new subsection "e" to Section 12.24.180 C.2, which will require a permit to remove "street trees", or trees within the planting area. This would not affect current policy as permits are already required to remove street trees, however, it would provide clarification and provide for consistency with the Tree Ordinance and current practices. 12.24.180 C.6.a.—Tree Removal 6. When the city arborist cannot authorize a tree removal, the tree committee shall review the application and may authorize removal if it finds one of the following circumstances: a. The tree is causing undue hardship to the property owner. "Normal routine Council Agenda Report—Tree Ordinance Revisions Page 6 maintenance does not constitute a hardship, i.e. cleaning of gutters, lea_f raking4 or root intrusion into a failed sewer lateral,etc." When reviewing tree removal requests based on undue hardship, both staff and the Tree Committee often struggle with what is "undue hardship" and what should be considered normal routine maintenance. In order to eliminate routine maintenance as cause for removal requests, staff is proposing to add language that spells out up front some of the more common reasons for tree removal requests that will not be considered as justification for tree removal such as; raking leaves, cleaning leaves from gutters, etc. Staff is also proposing limiting tree removal based on root intrusion.into sewer laterals constructed of orange-burg, clay tile, and cast iron pipe. These materials are predisposed to failure and are no longer acceptable for construction of sewer laterals. In cases where the repair or replacement of a sewer lateral depends on the removal of a protected tree, the Tree Committee may approve its removal. This is consistent with the City's goal to repair or replace old sewer laterals throughout the city. 12.24.190 Heritage trees. The city recognizes the important role trees have played in the history and development of San Luis Obispo and recognizes that a wide variety of trees can grow in its unique and temperate climate. The city may officially designate as heritage trees those trees in the community that have significant historical or arboricultural interest. The city shall protect and maintain all designated heritage trees. Heritage trees shall be pruned according to a schedule approved by the Public Works Director. All interim maintenance shall be the responsibility of the Property owner. Staff recommends adding language that will establish a pruning schedule for all Heritage Trees. The city will still spray Heritage Trees, as needed,to control insect and disease problems. CONCURRENCES The Tree Committee concurs with the changes presented in this report. FISCAL IMPACT Changes to 12.24.120 may or may not have a fiscal impact on the city depending on whether council approves recommendations to limit the city's responsibility for tree maintenance to row trees only. If council decides to accept responsibility for all "street trees" as currently defined and wishes to retain the current pruning cycle(5 years), additional funding will be needed to accomplish this additional work,either in the form of more staff or an increase in contract services. Section 12.24.150 C will set as policy the manner in which tree removal costs are handled during construction of new city sidewalks. This fiscal impact is already being realized by the city through current practices and so no added impact is expected. / I Council Agenda Report—Tree Ordinance Revisions Page 7 ALTERNATIVES 1. Make no changes to the Tree Ordinance. Doing so would leave in place several inconsistencies between current practice and the existing ordinance and could result in requests for unanticipated general fund expenditures. 2. Modify proposed changes or make other modifications to the existing ordinance. ATTACHMENTS 1. Full ordinance incorporating proposed changes 2. Full ordinance showing existing and proposed changes I:car/tree ordinance revisions attachment -1 ORDINANCE NO. (2001 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE TREE ORDINANCE WHEREAS, The City Council of the City of San Luis Obispo relies upon the advice of its advisory bodies; and WHEREAS, the Tree Committee is one such advisory body and is charged with the review and proper implementation of the City's Municipal Code as it relates to the City's urban forest; and WHEREAS, the Tree Committee did with the assistance the City's Arborist review the existing Municipal Code for possible modifications that would enhance the urban forest, protect private property rights and reduce overall City liability; and WHEREAS, after said review the Tree Committee made numerous recommendations to the City Council to modify the Municipal Code; and WHEREAS, the City Council considered those recommendations and agreed that they were appropriate. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Chapter 12.24 Tree Regulations is hereby repealed and a new Chapter 12.24 as set forth in Exhibit A is hereby adopted. SECTION 2. A summary of this ordinance, approved by the City Attorney, together with the names of the Council members voting for and against it, shall be published at least five days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance will go into effect at the expiration of thirty(30)days after its final passage. INTRODUCED on the day of 2001 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2001, on the following roll call vote: I Ordinance No. (2001 Series) Page 2 AYES: NOES: ABSENT: Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: ?e�ffb.j&genf, Ci Attorney Chapter 12.24 TREE REGULATIONS* attachment 1 Sections: 12.24.010 Purpose and intent. 12.24.020 Tree committee. 12.24.030 Definitions. 12.24.040 Enforcement. 12.24.050 Master tree lists. 12.24.060 Tree planting plans. 12.24.070 Residential tree planting plans. 12.24.080 Street tree planting and maintenance standards. 12.24.090 Street tree planting requirements. 12.24.100 Street tree planting procedures. 12.24.110 Control of trees and shrubs on public easements. 12.24.120 Street tree maintenance. 12.24.130 Protection of trees. 12.24.140 Tree maintenance by public utilities. 12.24.150 Responsibilities for repairing tree damage to curbs, gutters and sidewalks. 12.24.160 Tree service contractors. 12.24.170 Emergency tree services. 12.24.180 Tree removal. 12.24.190 Heritage trees. 12.24.200 Appeals. 12.24.210 No liability upon the city. *Prior legislation: Prior code §§ 4300.1 - 4300.16. 12.24.010 Purpose and intent. A. The public interest and welfare require that the city establish, adopt and maintain a comprehensive program for installing, maintaining and preserving trees within the city. B. This chapter establishes policies, regulations and specifications necessary to go8ern installation, maintenance and preservation of trees to beautify the city, to purify the air,to provide shade and wind protection, and to preserve trees with historic or unusual value. C. It is the policy of the city to line its streets with trees and to conduct a consistent and adequate program for maintaining and preserving these trees. This policy provides for planting trees in all areas of the city and for selecting appropriate species to achieve as much beauty and economy as possible. It is also the policy of the city to protect and preserve all desirable trees,wherever they are located. It shall be the duty of the director to enforce, implement and carry out this policy and the provisions of this chapter. D. It is the policy of the city to encourage new tree planting on public and private property and to cultivate a flourishing urban forest. (Ord. 1153 § 1 (part), 1990) 12.24.020 Tree committee. A. The tree committee shall act as an advisory body to the director and the city council on all matters related to trees in San Luis Obispo. B. The tree committee shall have five members who shall serve four-year terms, which shall be staggered. (Ord. 1153 § 1 (part), 1990) 12.24.030 Definitions. The following words and phrases used in this chapter, unless a different meaning is clearly required by the context, shall have the following meanings: A. "Director' means the public works director or his designated representative. B. "Heritage tree" means any tree existing within the city limits,which has been so designated by resolution of the city council. Heritage trees shall be trees with notable historic interest or trees of an unusual species or size. C. "Maintain" or"maintenance"means the entire care of trees as well as the preparation of ground and fertilizing, mulching,trimming and watering. D. "Planting" means new planting and replacement planting. E. "Planting area" means the area available for planting either within the street right-of-way and designated tree easements or within five feet of any street right-of-way or alley. F. "Public utility"means any company doing business as a public utility under the jurisdiction of the Public Utilities Commission of the state and any duly constituted public agency authorized to provide and providing utility service. G. "Street tree"means any tree within the city right of way. H. "Tree"means any perennial woody plant having a trunk at least three inches in diameter at a height four and one-half feet above the ground. This definition shall include any tree planted by or required to be planted by the city which will attain the stated size at maturity. (Ord. 1153 § 1 (part), 1990) 12.24.040 Enforcement. The public works department shall be responsible for enforcement of this chapter. (Ord. 1153 § 1 (part), 1990) 12.24.050 Master tree lists. The tree committee, with the assistance of the public works and community development departments, shall develop and maintain a master tree list and a master street tree list which shall be adopted by resolution of the city council and shall be on file in the office of the city clerk. These documents shall specify the species of trees suitable and desirable for planting in certain areas in order to establish a wide-ranging urban forest. (Ord. 1153 § 1 (part), 1990) 12.24.060 Tree planting plans. The tree committee, with the assistance of the public works and community development departments, shall recommend a tree planting plan and a street tree planting plan to be adopted by resolution of the city council and maintained on file in the office of the city clerk. These documents shall set forth the species of trees to be planted and shall encourage species diversity throughout in different areas of the city and shall include a schedule for street tree planting to hasten establishment of the urban forest. (Ord. 1153 § 1 (part), 1990) 12.24.070 Residential tree planting plans. A. The city arborist, with direction from the tree committee the architectural review commission the city council,may designate specific tree planting plans for certain residential neighborhoods or blocks, which specify the species and locations for trees to be planted in those neighborhoods or blocks. The director, the tree committee or the architectural review commission must approve any deviations from these residential tree-planting plans. B. Trees for residential areas without specific tree planting plans must be selected from the master tree list. (Ord. 1153 § 1 (part), 1990) 12.24.080 Street tree planting and maintenance standards. I The public works and community development departments, with the approval of the tree committee, shall develop and implement policies and standards for street tree planting and maintenance, which shall be adopted by resolution of the city council. (Ord. 1153 § 1 (part), 1990) 12.24.090 Street tree planting requirements. A. Planting street trees may be required as a condition of a use permit, variance or other city entitlement. B. Planting street trees shall be required as a condition of approval for all subdivisions and building permits. The policies and standards for street tree planting and maintenance shall be followed in all instances. (Ord. 1153 § 1 (part), 1990) 12.24.100 Street tree planting procedures. A. All street trees shall be planted within the planting area. In R-1 and R-2 zones, if the city requires tree planting in the sidewalk instead of behind the sidewalk,the city shall pay for additional costs incurred. B. Before planting, all street trees must be inspected and approved by the city arborist or his designee. C. Required street trees must be planted after completion of each adjacent building and before an occupancy release is issued for the adjacent building, unless otherwise approved by the director. D. The city shall encourage installing both integral and detached sidewalks within the same block when the director has determined that the change within the block is necessary to preserve a desirable tree, provided a minimum sidewalk width of four feet can be constructed. E. Property owners shall be responsible for establishing and maintaining required street trees adjacent to their property, except as provided elsewhere in this chapter. F: So that the city arborist can determine the tree requirements for site development, any subdivider or developer shall submit to the city a plot plan of the proposed subdivision which shall: 1. Show clearly all existing trees,noting location, species, diameter and condition; 2.Note whether existing trees will be retained,removed or relocated; 3. Show proposed utilities, driveways; street tree locations, and the size and species of proposed street trees. (Ord: 1153 § 1 (part), 1990) 12.24.110 Control of trees and shrubs on public easements. A. To prevent hazards to the public, property owners shall maintain all trees, shrubs and other plant growth on their property or adjacent to their property and within the public right-of-way. Hazards shall include, but not be limited to, branches hanging over sidewalks and shrubbery growing into the right-of-way which interferes with passage. B. The city will notify property owners of hazards by posting abatement notices according to the Streets and Highways Code, Improvement Act of 1911, Sections 5610—5618. C. Any tree or shrub growing on private property that, in the opinion of the director, endangers public property shall be removed or trimmed by the property owner within fourteen days after receiving notice from the director. If the property owner fails to remove or trim the trees or shrubs,the city will conduct the work and assess the property owner for the cost. The city shall give property owners at least ten days' notice of the city council hearing to confirm assessments. Upon confirmation of assessments by the city council, removal and trimming costs shall become a lien on the property and the resolution assessing these costs shall be recorded with the county a,- a lien on the property and the resolution assessing these costs shall be recorded with the county recorder's office. The assessment may be collected by court action. In case of emergency caused by a tree in a hazardous condition,the tree may be removed by order of the director. (Ord. 1153 § I (part), 1990) 12.24.120 Street tree maintenance. The city will maintain all street trees in the downtown commercial area and on major streets. In all other areas of the city, street tree maintenance will be the responsibility of the adjacent property owners, except that the city will prune and spray street trees in these other areas to ensure healthy and attractive growth. Trees will be pruned based on a pre-determined schedule approved by the Public Works Director. Owners may wait for scheduled maintenance or may have their street trees pruned by an International Society of Aboriculture certified arborist at their own expense with written approval by the City Arborist. The city's responsibility to prune street trees shall not relieve property owners of their responsibility to prevent hazards as required in Section 12..24.110. (Ord. 1153 § 1 (part), 1990) 12.24.130 Protection of trees. A. No person shall trim,prune or cut any street tree unless such work conforms to this chapter and is performed in accordance with all International Society of Aboriculture standards. In no case shall more than 1/3 of the tree canopy be removed. B.No person shall interfere, or cause any other person to interfere, with employees of the city who are engaged in planting, maintaining,treating or removing any street tree or removing any material detrimental to the tree. C.No person shall willfully injure, disfigure or intentionally destroy by any means any tree growing within the planting area or elsewhere within the jurisdiction of this chapter, except with permits described elsewhere in this chapter. D. No person shall: 1. Construct a concrete, asphalt, brick or gravel sidewalk, or otherwise fill up the ground area near any tree,to shut off air, light or water from the roots, except under written authority from the public works department. 2. Place buildingmaterial, equipment or other harmful substance near any tree, which might cause injury to the tree. 3. Post any sign on any tree,tree-stake or guard, or fasten any guy wire, cable or rope to any tree, tree-stake or guard. E. Tree-stakes or guards may be placed around street trees by property owners for the purpose of protecting or training the trees, with approval of the director. F. No person shall plant any street tree except according to policies, regulations and specifications established pursuant to this chapter or any currently applicable ordinances or code sections. G. Any person deemed responsible for damaging a tree or removing a tree without a permit as described in this chapter shall be liable for civil damages to the city in the amount adopted, by resolution,by the City Council or for the value of the tree as determined by methods established by the International Society of Arboriculture, whichever is greater as determined by the City Arborist. H. It shall be unlawful for a property owner to maintain a tree or shrubbery hazard as described in Section 12.24.110 and identified by city inspection. (Ord. 1153 § 1 (part), 1990) date of issuance, in order to maintain trees growing adjacent to utility fixtures or apparatus. This permission shall cover trees which encroach upon public streets. B. When maintaining street trees, a public utility must observe good arboricultural practices, as specified by International Society of Arboriculture Western Chapter Pruning Standards and City of San Luis Obispo Safety Pruning Specifications. C. When public utility pruning affects ten percent or more of a street tree's natural canopy, or when there are energized utility lines closer than ten feet from a street tree's main trunk or trunks, the public utility shall provide complete pruning of the entire tree. (Ord. 1153 § 1 (part), 1990) 12.24.150 Responsibilities for repairing tree damage to curbs, gutters and sidewalks. A. When roots of a tree planted within the planting area damage city curbs, gutters and sidewalks, including driveway ramps,the city shall be responsible for appropriate corrective measures which are least damaging to the tree. B. When roots of a tree planted outside the planting area damage city curbs, gutters and sidewalks, including driveway ramps,the property owner shall be responsible for appropriate corrective measures which are least damaging to the tree. C. When designing new sidewalks, curbs or driveway approaches the city shall seek alternative options to preserve desirable trees. When trees must be removed it shall be the responsibility of the City to remove any trees. Any trees so removed shall be replaced at the city's expense with acceptable trees from the master tree list. When a property owner designs a new sidewalk, curb or driveway approach, the property owner shall seek alternative options to preserve desirable trees. When trees must be removed it shall be at the expense of the property owner. Any trees so removed shall be replaced by the property owner with acceptable trees from the master tree list. 12.24.160 Tree service contractors. When the city requires tree pruning, any tree service contractor performing the work shall have on its staff an arborist certified by the Western Chapter of the International Society of Arboriculture. This arborist must oversee all pruning work and certify that all work meets the city's pruning specifications. If a certified arborist is not on the staff of the tree contractor, the city arborist must approve the tree service contractor before work begins. (Ord. 1153 § I (part), 1990) 12.24.170 Emergency tree services. The city will provide on-call tree services in emergencies. Emergencies include fallen trees and other immediate safety hazards. The director shall determine if an emergency exists. (Ord. 1153 § 1 (part), 1990) 12.24.180 Tree removal. A. Policy. The city values trees as an important part of the environment and shall strive to preserve them whenever possible and feasible. When reviewing requests for-tree removal permits, the city shall discourage removing desirable trees and shall consider approving removal of desirable trees only as a last resort alternative for the applicant. B. Permits for Removal. Except as otherwise provided in this chapter, removing any tree in the city shall require a permit. C. Tree Removal Not Related to Property Development. 1. When not related to property development, removing a tree in all zones except the R-1 and R- 2 zones shall require a permit issued by the Public Works Department. 2. When not related to property development, removing a tree in the R-1 and R-2 zones shall require a permit issued by the Public Works Department in any of the following circumstances: a. When the tree is one of the following designated native species: (1) Quercus agrifolia(coast live oak), (2) Umbellularia californica(California laurel), (3) Platanus racemosa(California sycamore), (4) Juglans califomica(Southern California black walnut), (5) Salix lasiolepis (willow), (6) Populus trichocarpa(black cottonwood), (7) Heteromeles arbutifolia(California hollytoyon), (8) Acer macrophyllum (bigleaf maple), (9) Acer negundo (box elder), (10) Sequoia sempervirens (coast redwood); b. When the tree is a native and the trunk is twelve inches or greater in diameter at a height of four and one-half feet from the ground and is visible from any public space or a non-native with a trunk diameter of 24"or greater. c. When the tree is within twenty-five feet of a creek bank d. When the tree is on a vacant lot or a lot not developed to the maximum allowed density. e. When the tree is located in the planting area. 3. An application for a tree removal permit issued by the public works department shall include: a. A plot plan showing the location and species of any tree proposed for removal; b. A brief statement of the reason for removal; c. Any other pertinent information required. 4. An applicant for a tree removal permit issued by the public works department should request a site review by the city arborist before preparing a detailed plot plan. 5. When tree removal is not related to property development,the city arborist may authorize a tree removal after finding any of the following circumstances: a. The tree is a hazard to life or property, and removing it is the only feasible way to eliminate the hazard; . b. The tree is dead or dying or damaged beyond reclamation; c. The tree is causing severe root damage to public or private property, and removing the tree is the only feasible way to eliminate the damage. 6. When the city arborist cannot authorize a tree removal,the tree committee shall review the application and may authorize removal if it finds one of the following circumstances: a. The tree is causing undue hardship to the property owner. "Normal routine maintenance does not constitute a hardship, i.e. cleaning of gutters, leaf raking, or root intrusion into a failed sewer lateral, etc." b. Removing the tree promotes good arboricultural practice; c. Removing the tree will not harm the character or environment of the surrounding neighborhood. D. Tree Removal With a Development Permit. 1. To remove a tree from any parcel in the city as part of property development by subdivision, building permit or other entitlement,the developer shall apply to remove the tree by including the following documents with the application for development: a. A plot plan showing the location and species of any tree proposed for removal; b. A brief statement of the reason for removal; c. Any other pertinent information required. 2. Review of the application to remove a tree with a development permit shall proceed as a follows: a. The city arborist shall inspect the property and recommend approving or denying the application; b. If no architectural review is required for the development;the tree committee shall approve or deny the application; c. If architectural review is required for the development, the architectural review commission shall approve or deny the application: (1) If the city arborist has recommended denying the application and the architectural review commission has approved the application, the tree committee shall review the architectural review commission's decision; (2) If the tree committee concurs with the city arborist's recommendation to deny the application when the architectural review commission has approved the application,the city council shall review the matter for final action. E. Tree Removal on Public Property. 1. When the city removes a tree.as part of a public improvement project,the city shall replace the trees as soon as feasible during the project. 2. When the city requires a tree to be planted in the planting area and then later determines that the tree must be removed,the city shall pay for removal and replacement F.Notification of Tree Removal. 1. The city shall post a sign notifying the public of the date and description of a proposed tree removal. This sign shall be posted in a prominent location, visible from a public street, for a period not less than five days before either staff consideration of a tree removal permit or a public hearing on a related development. 2. The public works director may waive notification requirements for a tree removal in either of the following circumstances: a. When the director determines that a tree's condition threatens public health, safety or welfare; b. When local, state or federal authorities have declared a state of emergency and a tree's condition threatens public health, safety or welfare. G. Approval Conditions. In approving an application for tree removal,the director,the tree committee, the architectural review commission or the city council may require planting replacement trees and may require a bond ensuring that replacement trees shall be planted. H. Expiration of Appeals. Decisions on tree removal by the director,the tree committee and the architectural review commission shall be subject to appeal according to the appeal provisions of this code, and no permit shall be issued until the appeal period has lapsed. (Ord. 1153 § 1 (part), 1990) 12.24.190 Heritage trees. The city recognizes the important role trees have played in the history and development of San Luis Obispo and recognizes that a wide variety of trees can grow in its unique and temperate climate. The city may officially designate as heritage trees those trees in the community that have significant historical or arboricultural interest. The city shall protect and maintain all designated heritage trees. Heritage trees shall be pruned according to a schedule approved by the Public Works Director. All interim maintenance shall be the responsibility of the property owner. (Ord. 1153 § 1 (part), 1990) 12.24.200 Appeals. A. In accordance with the provisions of Chapter 1.20, any person aggrieved by an act or determination of the staff in exercising the authority herein granted, shall have the right to appeal to the tree committee,whose decisions are appeal able to the city council. \l B. Appeals received by the city within ten days from the date of posting shall cause the public works director to withhold tree removal permits and stop any construction or demolition activity affecting the subject tree until the appeal is heard and a decision is reached. (Ord. 1153 § 1 (part), 1990) 12.24.210 No liability upon the city. Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon that private property or upon sidewalks and planting areas in front of that property. (Ord. 1153 § 1 (part), 1990) Chapter 12.24 TREE REGULATIONS* attachment 2 Sections: 12.24.010 Purpose and intent. 12.24.020 Tree committee. 12.24.030 Definitions. 12.24.040 Enforcement. 12.24.050 Master tree lists. 12.24.060 Tree planting plans. 12.24.070 Residential tree planting plans. 12.24.080 Street tree planting and maintenance standards. 12.24.090 Street tree planting requirements. 12.24.100 Street tree planting procedures. 12.24.110 Control of trees and shrubs on public easements. 12.24.120 Street tree maintenance. 12.24.130 Protection of trees. 12.24.140 Tree maintenance by public utilities. 12.24.150 Responsibilities for repairing tree damage to curbs, gutters and sidewalks. 12.24.160 Tree service contractors. 12.24.170 Emergency tree services. 12.24.180 Tree removal. 12.24.190 Heritage trees. 12.24.200 Appeals. 12.24.210 No liability upon the city. *Prior legislation: Prior code §§ 4300.1 -4300.16. 12.24.010 Purpose and intent. A. The public interest and welfare require that the city establish,adopt and maintain a comprehensive program for installing, maintaining and preserving trees within the city. B. This chapter establishes policies,regulations and specifications necessary to govern installation,maintenance and preservation of trees to beautify the city,to purify the air, to provide shade and wind protection, and to preserve trees with historic or unusual value. C. It is the policy of the city to line its streets with trees and to conduct a consistent and adequate program for maintaining and preserving these trees. This policy provides for planting trees in all areas of the city and for selecting appropriate species to achieve as much beauty and economy as possible. It is also the policy of the city to protect and preserve all desirable trees,wherever they are located. It shall be the duty of the director to enforce, implement and carry out this policy and the provisions of this chapter. D. It is the policy of the city to encourage new tree planting on public and private property and to cultivate a flourishing urban forest. (Ord. 1153 § 1 (part), 1990) 12.24.020 Tree committee. A. The tree committee shall act as an advisory body to the director and the city council on all matters related to trees in San Luis Obispo. B. The tree committee shall have five members who shall serve four-year terms,which shall be staggered. (Ord. 1153 § 1 (part), 1990) 12.24.030 Definitions. a �1 The following words and phrases used in this chapter, unless a different meaning is clearly required by the context, shall have the following meanings: A. "Director" means the public works director or his designated representative. B. "Heritage tree"means any tree existing within the city limits, which has been so designated by resolution of the city council. Heritage trees shall be trees with notable historic interest or trees of an unusual species or size. C. "Maintain' or"maintenance"means the entire care of trees as well as the preparation of ground and fertilizing, mulching, trimming and watering. D. "Planting"means new planting and replacement planting. E. "Planting area" means the area available for planting either within the street right-of-way and designated tree easements or within five feet of any street right-of-way or alley. " F. "Public utility"means any company doing business as a public utility under the jurisdiction of the Public Utilities Commission of the state and.any duly constituted public agency authorized to provide and providing utility service.. G. "Street tree"means any tree within the planting area city right of way. H. "Tree"means any perennial woody plant having a trunk at least three inches in diameter at a height four and one-half feet above the ground. This definition shall include any tree planted by or required to be planted by the city which will attain the stated size at maturity. (Ord. 1153 § 1 (part), 1990) 12.24.040 Enforcement. The public works department shall be responsible for enforcement of this chapter. (Ord. 1153 § 1 (part), 1990) 12.24.050 Master tree lists. The tree committee, with the assistance of the public works and community development departments, shall develop and maintain a master tree list and a master street tree list which shall be adopted by resolution of the city council and shall be on file in the office of the city clerk. These documents shall specify the species of trees suitable and desirable for planting in certain areas in order to establish a wide-ranging urban forest. (Ord. 1153 § 1 (part), 1990) 12.24.060 Tree planting plans. The tree committee, with the assistance of the public works and community development* departments, shall recommend a tree planting plan and a street tree planting plan to be adopted by resolution of the city council and maintained on file in the office of the city clerk. These documents shall set forth the species of trees to be planted and-shall encourage species diversity throughout in different areas of the city and shall include a schedule for street tree planting to hasten establishment of the urban forest. (Ord. 1153 § 1 (part), 1990) 12.24.070 Residential tree planting plans. A. The city arborist, with direction from the tree committee the architectural review commission the city council,may designate specific tree planting plans for certain residential neighborhoods or blocks, which specify the species and locations for trees to be planted in those neighborhoods or blocks. The director, the tree committee or the architectural review commission must approve any deviations from these residential tree-planting plans. B. Trees for residential areas without specific tree planting plans must be selected from the master tree list. (Ord. 1153 § 1 (part), 1990) 12.24.080 Street tree planting and maintenance standards. The public works and community development departments, with the approval of the tree committee, shall develop and implement policies and standards for street tree planting and maintenance, which shall be adopted by resolution of the city council. (Ord. 1153 § 1 (part), 1990) 12.24.090 Street tree planting requirements. A. Planting street trees may be required as a condition of a use permit, variance or other city entitlement. B. Planting street trees shall be required as a condition of approval for all subdivisions and building permits. The policies and standards for street tree planting and maintenance shall be followed in all instances. (Ord. 1153 § 1 (part), 1990) 12.24.100 Street tree planting procedures. A. All street trees shall be planted within the planting area. In R-1 and R72 zones, if the city requires tree planting in the sidewalk instead of behind the sidewalk, the city shall pay for additional costs incurred. B. Before planting, all street trees must be inspected and approved by the city arborist or his designee. C. Required street trees must be planted after completion of each adjacent building and before an occupancy release is issued for the adjacent building, unless otherwise approved by the director. D. The city shall encourage installing both integral and detached sidewalks within the same block when the director has determined that the change within the block is necessary to preserve a desirable tree, provided a minimum sidewalk width of four feet can be constructed. E. Property owners shall be responsible for establishing and maintaining required street trees adjacent to their property, except as provided elsewhere in this chapter.. F. So that the city arborist can determine the tree requirements for site development, any subdivider or developer shall submit to the city a plot plan of the proposed subdivision which shall: 1. Show clearly all existing trees, noting location, species, diameter and condition; 2. Note whether existing trees will be retained, removed or relocated; 3. Show proposed utilities, driveways, street tree locations, and the size and species of proposed street trees. (Ord. 1153 § 1 (part), 1990) 12.24.110 Control of trees and shrubs on public easements. A. To prevent hazards to the public,property owners shall maintain all trees, shrubs and other plant growth on their property or adjacent to their property and within the public right-of-way. Hazards shall include, but not be limited to,branches hanging over sidewalks and shrubbery growing into the right-of-way which interferes with passage. B. The city will notify property owners of hazards by posting abatement notices according to the Streets and Highways Code, Improvement Act of 1911, Sections 5610—5618. C. Any tree or shrub growing on private property that, in the opinion of the director, endangers public property shall be removed or trimmed by the property owner within fourteen days after receiving notice from the director. If the property owner fails to remove or trim the trees or shrubs,the city will conduct the work and assess the property owner for the cost. The city shall give property owners at least ten days' notice of the city council hearing to confirm assessments. Upon confirmation of assessments by the city council,removal and trimming costs shall become a lien on the property and the resolution assessing these costs shall be recorded with the county i recorder's office. The assessment may be collected by court action. In case of emergency caused by a tree in a hazardous condition, the tree may be removed by order of the director. (Ord. 1153 § 1 (part), 1990) 12.24.120 Street tree maintenance. The city will maintain all street trees in the downtown commercial area and on major streets. In all other areas of the city, street tree maintenance will be the responsibility of the adjacent property owners, except that the city will prune and spray street trees in these other areas to ensure healthy and attractive growth. Trees will be pruned based on a pre-determined schedule approved by the Public Works Director. Owners may wait for scheduled maintenance or may have their street trees pruned by an International Society of Aboriculture certified arborist at their own expense with written approval by the City Arborist. The city's responsibility to prune street trees shall not relieve property owners of their responsibility to prevent hazards as required in Section 12.24.110. (Ord. 1153 § 1 (part), 1990) 12.24.130 Protection of trees. A. No person shall trim, prune or cut any street tree unless such work conforms to atl eity 18A FePlaEieas-ead this chapter and is performed in accordance with all International Society of Aboriculture standards. In no case.shall more than 1/3 of the tree canopy.be removed. B.No person shall interfere, or cause any other person to interfere, with employees of the city who are engaged in planting, maintaining,treating or removing any street tree or removing any material detrimental to the tree. C. No person shall willfully injure, disfigure or intentionally destroy by any means any tree growing within the planting area or elsewhere within the jurisdiction of this chapter, except with permits described elsewhere in this chapter. D. No person shall: 1. Construct a concrete, asphalt, brick or gravel sidewalk, or otherwise fill up the ground area near any tree, to shut off air, light or water from the roots, except under written authority from the public works department. 2. Place building material, equipment or other harmful substance near any tree, which might cause injury to the tree. 3. Post any sign on any tree,tree-stake or guard, or fasten any guy wire, cable or rope to any tree, tree-stake or guard. E. Tree-stakes or guards may be placed around street trees by property owners for the purpose of protecting or training the trees, with approval of the director. F. No person shall plant any street tree except according to policies, regulations and specifications established pursuant to this chapter or any currently applicable ordinances or code sections. G. Any person deemed responsible for damaging a tree or removing a tree without a permit as described in this chapter shall be liable for civil damages to the city in an amovat equal to the value of the tFee plus eity eNtS iHeHFFed to assess dainages. Tr-eevalues shaH be established in the amount adopted, by resolution,-by the City Council or for the value of the tree as determined by methods established by the International Society of Arboriculture,whichever is greater as determined by the City Arborist. H. It shall be unlawful for a property owner to maintain a tree or shrubbery hazard as described in Section 12.24.110 and identified by city inspection. (Ord. 1153 § I (part), 1990) 1 2 / -1 12.24.140 Tree maintenance by public utilities. A. A public utility shall obtain a permit, issued by the director and valid for one year from the date of issuance, in order to maintain trees growing adjacent to utility fixtures or apparatus. This permission shall cover trees which encroach upon public streets. B. When maintaining street trees, a public utility must observe good arboricultural practices, as specified by International Society of Arboriculture Western Chapter Pruning Standards and City of San Luis Obispo Safety Pruning Specifications. C. When public utility pruning affects ten percent or more of a street tree's natural canopy, or when there are energized utility lines closer than ten feet from a street tree's main trunk or trunks,the public utility shall provide complete pruning of the entire tree. (Ord. 1153 § 1 (part), 1990) 12.24.150 Responsibilities for repairing tree damage to curbs, gutters and sidewalks. A. When roots of a tree planted within the planting area damage city curbs, gutters and sidewalks, including driveway ramps, the city shall be responsible for appropriate corrective measures which are least damaging to the tree. B. When roots of a tree planted outside the planting area damage city curbs, gutters and sidewalks, including driveway ramps, the property owner shall be responsible for appropriate corrective measures which are least damaging to the tree. C. . When tF Femove, at t1. e� e:.. .. to Femove any ,. street tees diFeetly in theway ofnewo sidem,affEs feffFbS OF dFWeway BPPFOaehes, unless the tFees had been planted with.eity appFavEd. Any trees 50 Feweved shaH be , , with, 1990) C.When designing new sidewalks, curbs or driveway approaches the city shallseek alternative options to preserve desirable trees. When trees must.be removed-it shall be the responsibility of the City to remove any trees. Any trees so removed shall be replaced at the city's expense with acceptable trees from the master tree list. When a property owner designs a new sidewalk,curb or driveway approach, the property owner shall seek alternative options to preserve desirable trees. When trees must.be removed it shall be at the expense of the property owner. Any trees so removed shall be replaced by the property owner with acceptable trees from the master tree list. 12.24.160 Tree service contractors. When the city requires tree pruning, any tree service contractor performing the work shall have on its staff an arborist certified by the Western Chapter of the International Society of Arboriculture. This arborist must oversee all pruning work and certify that all work meets the city's pruning specifications. If a certified arborist is not on the staff of the tree contractor,the city arborist must approve the tree service contractor before work begins. (Ord. 1153 § 1 (part), 1990) 12.24.170 Emergency tree services. The city will provide on-call tree services in emergencies. Emergencies include fallen trees and other immediate safety hazards. The director shall determine if an emergency exists. (Ord. 1153 § I (part), 1990) a-�a 12.24.180 Tree removal. A. Policy. The city values trees as an important part of the environment and shall strive to preserve them whenever possible and feasible. When reviewing requests for tree removal permits, the city shall discourage removing desirable trees and shall consider-approving removal of desirable trees only as a last resort alternative for the applicant. B. Permits for Removal. Except as otherwise provided in this chapter, removing any tree in the city shall require a permit. C. Tree Removal Not Related to Property Development. 1. When not related to property development, removing a tree in all zones except the R-1 and R- 2 zones shall require a permit issued by the Public Works Department. 2. When not related to property development, removing a tree in the R-1 and R-2 zones shall require a permit issued by the Public Works Department in any of the following circumstances: a. When the tree is one of the following designated native species: (1) Quercus agrifolia(coast live oak), (2)Umbellularia californica(California laurel), (3) Platanus racemosa(California sycamore), (4)Juglans californica(Southern California black walnut), (5) Salix lasiolepis(willow), (6) Populus trichocarpa (black cottonwood), (7) Heteromeles arbutifolia(California hollytoyon), (8) Acer macrophyllum (bigleaf maple), (9)Acer negundo (box elder), (10) Sequoia sempervirens (coast redwood); b. When the tree is a native and the trunk is ove twelve inches or greater in diameter at a height of four and one-half feet from the ground and is visible from any public space or a non- native with a trunk diameter of.24" or greater. c. When the tree is within twenty-five feet of a creek bank; d. When the tree is on a vacant lot or a lot not developed to the maximum allowed density. e. When the tree is located in the planting area. 3. An application for a tree removal permit issued by the public works department shall include: a. A plot plan showing the location and species of any tree proposed for removal; b. A brief statement of the reason for removal; c. Any other pertinent information required. 4. An applicant for a tree removal permit-issued by the public works department should request a site review by the city arborist before preparing a detailed plot plan. 5. When tree removal is not related to property development, the city arborist may authorize a tree removal after finding any of the following circumstances: a. The tree is a hazard to life or property, and removing it is the only feasible way to eliminate the hazard; b. The tree is dead or dying or damaged beyond reclamation; c. The tree is causing severe root damage to public or private property, and removing the tree is the only feasible way to eliminate the damage. 6. When the city arborist cannot authorize a tree removal, the tree committee shall review the application and may authorize removal if it finds one of the following circumstances: a. The tree is causing undue hardship to the property owner. "Normal routine maintenance does not constitute a hardship, i.e. cleaning of gutters, leaf raking, or root intrusion into a failed sewer lateral, etc." b. Removing the tree promotes good arboricultural practice; c. Removing the tree will not harm the character or environment of the surrounding neighborhood. D. Tree Removal With a Development Permit. 1. To remove a tree from any parcel in the city as part of property development by subdivision, building permit or other entitlement, the developer shall apply to remove the tree by including the following documents with the application for development: a. A plot plan showing the location and species of any tree proposed for removal; b. A brief statement of the reason for removal; c. Any other pertinent information required. 2. Review of the application to remove a tree with a development permit shall proceed as follows: a. The city arborist shall inspect the property and recommend approving or denying the application; b. If no architectural review is required for the development, the tree committee shall approve or deny the application; c. If architectural review is required for the development, the architectural review commission shall approve or deny the application:. (1) If the city arborist has recommended denying the application and the architectural review commission has approved the application, the tree committee shall review the architectural review commission's decision; (2) If the tree committee concurs with the city arborist's recommendation to deny the application when the architectural review commission has approved the application, the city council shall review the matter for final action. E. Tree Removal on Public Property. 1. When the city removes a tree as part of a public improvement project, the city shall.replace the trees as soon as feasible during the project. 2. When the city requires a tree to be planted in the planting area and then later determines that the tree must be removed, the city shall pay for removal and replacement F. Notification of Tree Removal. 1, The city shall post a sign notifying the public of the date and description of a proposed tree removal. This sign shall be posted in a prominent location, visible from a public street, fora period not less than five days before either staff consideration of a tree removal permit or a public hearing on a related development. 2. The public works director may waive notification requirements for a tree removal in either of the following circumstances: a. When the director determines that a tree's condition threatens public health, safety or welfare; b. When local, state or federal authorities have declared a state of emergency and a tree's condition threatens public health, safety or welfare. G. Approval Conditions. In approving an application for tree removal,the director, the tree committee,the architectural review commission or the city council may require planting replacement trees and may require a bond ensuring that replacement trees shall be planted. H. Expiration of Appeals. Decisions on tree removal by the director, the tree committee and the architectural review commission shall be subject to appeal according to the appeal provisions of this code, and no permit shall be issued until the appeal period has lapsed. (Ord. 1153 § 1 (part), 1990) 12.24.190 Heritage trees. The city recognizes the important role trees have played in the history and development of San Luis Obispo and recognizes that a wide variety of trees can grow in its unique and temperate climate. The city may officially designate as heritage trees those trees in the community that have significant historical or arboricultural interest. The city shall protect and maintain all designated heritage trees. Heritage trees shall be pruned according to a schedule approved by the Public Works Director. All interim maintenance shall be the responsibility of the property owner. (Ord. 1153 § 1 (part), 1990) 12.24.200 Appeals. A. In accordance with the provisions of Chapter 1.20, any person aggrieved by an act or determination of the staff in exercising the authority herein granted, shall have the right to appeal to the tree committee, whose decisions are appeal able to the city council. B. Appeals received by the city within ten days from the date of posting shall cause the public works director to withhold tree removal permits and stop any construction or demolition activity affecting the subject tree until the appeal is heard and a decision is reached. (Ord. 1153 § 1 (part), 1990) 12.24.210 No liability upon the city. Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon that private property or upon sidewalks and planting areas in front of that property. (Ord. 1153 § 1 (part), 1990)